Being sued - small claims court help
Discussion
I am being sued for a grand. I have had the papers served on me for the small claims court.
3 partners, verbal partnership, I dissolved the partnership. I am now trading as sole trader with some bookings from the partnership, a few from before partnership was formed. One partner decided to give up the business, they other declined to purchase the equipment and hasn't contacted any clients, but refuses to accept the partnership is over.
I am not sure what my written defence should look like. Any kind souls out there take a look at the claimants statement and my defence, any advice listened to keenly.
3 partners, verbal partnership, I dissolved the partnership. I am now trading as sole trader with some bookings from the partnership, a few from before partnership was formed. One partner decided to give up the business, they other declined to purchase the equipment and hasn't contacted any clients, but refuses to accept the partnership is over.
I am not sure what my written defence should look like. Any kind souls out there take a look at the claimants statement and my defence, any advice listened to keenly.
Ex, partner. I dissolved the partnership in August. The partnership was wound up at the end of September, accounts produced. He was paid equally until assets were disposed of. No written partnership contract. He was made 2 offers higher than he was finally paid out in the winding up, he refused both offers insisting the business was not dissolved.
Make sure you get your Acknowledgement of Service in before the date due. Send it to the Court and the other party.
If you're defending it yourself, the Court will give you lots of leeway with regards the drafting of documents as you're obviously not a lawyer.
Keep put all you key points in your Defence. Keep it succinct. Use lots of paragraphs. You can flesh out the detail of your Defence in your witness statement which is served later once directions have been agreed.
If you're defending it yourself, the Court will give you lots of leeway with regards the drafting of documents as you're obviously not a lawyer.
Keep put all you key points in your Defence. Keep it succinct. Use lots of paragraphs. You can flesh out the detail of your Defence in your witness statement which is served later once directions have been agreed.
The winding up was done in accordance with the 1890 Partnership Act.
Assets were valued at a fair market value, comparables found.
We did some work without him between the dissolution and the winding up, he was paid equally for this. The claimant had not, in my opinion, acted in good faith to the other partners. He sent an email to the partners and changed some expenses on our system, so I have evidence of this.
Most of our work was found before the partnership existed. He is also claiming for the work he has already been paid for in the winding up.
Assets were valued at a fair market value, comparables found.
We did some work without him between the dissolution and the winding up, he was paid equally for this. The claimant had not, in my opinion, acted in good faith to the other partners. He sent an email to the partners and changed some expenses on our system, so I have evidence of this.
Most of our work was found before the partnership existed. He is also claiming for the work he has already been paid for in the winding up.
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